DATE:	24 November 2014
TO/DEST:	Executive Director, Ottawa Police Services Board
FROM/EXP:	Chief of Police, Ottawa Police Service
SUBJECT/OBJET:	*COMPLAINTS REPORT – PART V, POLICE SERVICES ACT* - THIRD QUARTER 2014**

RECOMMENDATION

That the Ottawa Police Services Board receive this report for information.

BACKGROUND

The process for dealing with police complaints (Public and Chief’s) regarding the Ottawa Police Service’s (OPS) policies, the delivery of service, and officer conduct is outlined in Part V of the Ontario Police Services Act (PSA), titled “Complaints and Disciplinary Proceedings.”

The following report will provide comparisons in specific complaint types over those reported during the same time period for the previous year.

DISCUSSION

New Complaints

Complaints about policy, service or conduct are received from members of the public through the Office of the Independent Review Director (OIPRD) and may also be initiated internally as Chief’s complaints.

During the third quarter of 2014, a total of 91 complaints (Chief’s and Public) were received representing a decrease of six when compared to the same time period in 2013. It should be noted that there is a significant increase (of 35%) in Chief’s complaints in Q3 2014 when compared to Q3 2013.

Year to date, public complaints have increased by 2% compared to the same time period in 2013; yet remain below the the five year average.

Table 1 (below) outlines the number of complaints received in Q3 compared to the same time period in 2013 and the 5 year average.

Table 1- New Complaints

	Q3 2013	Q3 2014	2013 YTD	2014 YTD	5 YR AVG YTD
Public Complaint (Conduct)	57	41	154	158	159.6
Public Complaint (Policy or Service)	3	0	9	9	11
Chief's Complaints	37	50	122	133	132.3
TOTAL	97	91	285	300	303

Classification of Complaints

The Police Services Act provides the mechanism for dealing with complaints in relation to the conduct of an individual officer(s) and complaints related to the policies or services provided by the police service.

Conduct Complaints:

The category of ‘conduct complaints’ is broken down to reflect specific allegation types that are tracked.

Table 2 (below) reveals that the conduct complaints year to date remain below the five year average; however, there has been an increase of 13 when compared to Q3 2013.

Table 2- Conduct Complaints

	Q3 2013	Q3 2014	2013 YTD	2014 YTD	5 YR AVG YTD
Excessive Force	11	1	22	15	24.2
Improper Conduct	68	84	209	226	226
Neglect of Duty	14	6	42	47	45.8
Firearm Discharge	1	0	3	1	1.4
TOTAL	94	91	276	289	297

While improper conduct represents a large portion of the Public and Chief’s complaints received, it should be noted that this category is used for many different types of allegations, including inappropriate actions, at fault motor vehicle collisions and red light camera infractions.

Policy/Service Complaints:

No policy/service complaints were received in Q3 2014.

Table 3 (below) outlines that the year to date statistics are below the five y ear average.

Table 3- Policy and Service Complaints

	Q3 2013	Q3 2014	2013 YTD	2014 YTD	5 YR AVG YTD
Policy	1	0	1	2	1.4
Service	2	0	8	7	9.6
TOTAL	3	0	9	9	11

Customer Service Resolution (CSR)

The OIPRD’s CSR program provides an opportunity for complainants and respondent officers to voluntarily resolve complaints before they are formally screened in as a public complaint under the PSA. Four CSR files were received in Q3 2014. Three did not proceed through the CSR process and one remains outstanding.

As mentioned in the Q2 2014 report, in May 2014 the OPS Professional Standards Section arranged for the Director of the OIPRD, Mr. Gerry McNeilly, to attend the OPS Professional Development Centre and provide Customer Service Resolution Training to seven interested Sergeants and Staff Sergeants across the service. These members have participated in two CSR processes thus far.

Complaint Status

All public complaints are processed through the OIPRD. The OIPRD may choose not to have the matters investigated after a review of their merit by determining them to be: frivolous, vexatious; over six months; not directly affected.

Chief’s complaints are investigated to determine officer misconduct and compliance with OPS policy.

Both public and Chief’s complaints can be finalized as substantiated or unsubstantiated. Once substantiated, they can be resolved through informal resolution or informal/formal discipline.

Conduct Complaint Status:

In Q3 2014, 91 conduct complaints were received. The following is a breakdown of those complaints:

· 41 cases completed

o 20 resulted in no further action

o 21 were screened out by OIPRD as they were determined to be either frivolous, vexatious, did not identify any breach of the Police Services Act or its Code of Conduct, over six months or were deemed to not be in the public interest to pursue

· 51 investigations ongoing

Table 4 (below) outlines the manner in which complaints have been resolved. It should be noted that in 2014 year to date, there has been a significant increase in the Vexatious/Frivolous/Bad Faith category which were complaints screened out by OIPRD.

Table 4- Complaint Status- Conduct Complaints

RESOLUTION	Q3 2013	Q3 2014	2013 YTD	2014 YTD	5 YR AVG YTD	CARRYOVER PRIOR YEARS
Unsubstantiated	0	0	21	26	25	23
Vexatious/Frivolous/Bad Faith	8	12	21	51	34	0
Informal Resolution	1	2	11	10	14	5
Informal Resolution - VADRP	0	0	0	0	0	0
No Further Action	21	20	97	87	88	27
Withdrawn by Complainant	5	4	21	23	27	9
Withdrawn by Complainant - VADRP	0	0	0	1	2	0
Over Six Months	1	1	8	5	11	0
Third Party - Not Directly Affected	0	0	0	0	0	0
Complaints Not Resulting in Discipline	36	39	179	203	201	64
Informal Discipline	0	1	4	3	5	7
Disciplinary Hearing	0	0	3	1	1	6
Complaints Resulting in Discipline	0	1	7	4	6	13
Complaints Outstanding	58	51	90	83	85	10
TOTAL	94	91	276	290	284	87

Special Investigations Unit (SIU) Investigations:

The Police Services Act provides that the SIU shall conduct criminal investigations into circumstances involving police and civilians that have resulted in serious injury or death and allegations of sexual assault.

The Police Services Board receives a separate report on each SIU case. The number of SIU investigations received in Q3 2014 remains the same as Q3 2013; however, year to date, two complaints less were received in 2014 when compared to 2013.

Table 6 (below) outlines that the Special Investigations Unit investigations are slightly below the five year average.

Table 6- Special Investigations Unit Investigations

TYPES OF INVESTIGATIONS	Q3 2013	Q3 2014	2013 YTD	2014 YTD	5 YR AVG YTD
Death	1	1	1	2	1
Serious Injury	2	2	9	5	8
Sexual Assault	0	0	1	1	1
TOTAL	3	3	11	8	10
Investigations Resolved	0	0	8	2	6
Investigations Ongoing	3	3	3	7	4
TOTAL	3	3	11	9	10

Public Complaint Reviews

The Police Services Act provides that complainants may seek a review of the Professional Standards Section decision on a conduct complaint by the OIPRD.

Complainants dissatisfied with the resolution of a policy/service complaint received by OIPRD may seek a review by the Police Services Board.

Conduct Complaint Reviews:

In Q3 2014, three requests for review from complainants were received by OIPRD. This is slightly below the five from Q3 2013. The three reviews from Q3 2014 are pending. In Q3 2014, the results of two previously pending reviews were issued to PSS. In one case OIPRD specified direction to further investigation, in one case OIPRD upheld the decision of PSS, and in one case, OIPRD retained the investigation.

Policy/Service Complaint Reviews:

One request for policy/service complaint review by the Police Services Board was received in Q3 2014. The decision of the Police Service was confirmed.

CONCLUSION

The Professional Standards Section remains committed to fair, objective investigations completed in a timely fashion. The Section continues to analyse and address issues that arise from complaints. The OPS uses innovative approaches to resolve complaints and ensure accountability.

Charles Bordeleau

Chief of Police

Responsible for report: Inspector C. Rheaume